1. [We should adhere to the following procedure when] no rain at all has descended from the beginning of the rainy season onward:¹Ta'anit 6a relates that the rainy season in Eretz Yisrael begins in the month of Marcheshvan. The third of the month is considered to be the earliest time rain can be expected to descend.

In other lands, such fasts should be held when, ע"ל, they are necessary according to the local needs and climate (Halachah 10; Shulchan Aruch, Orach Chayim 575:9). If the seventeenth of Marcheshvan arrives and no rains have descended,²The rains have already been delayed. To hasten the manifestation of Divine blessing the Torah scholars should begin to fast,³and repent. Nevertheless, the situation is not serious enough to alarm the people at large. [starting on] a Monday⁴i.e., the Monday closest to the seventeenth of Marcheshvan, for, as explained in Chapter 1, Halachah 5, a series of communal fasts should always begin on a Monday. [and continuing on] the [following] Thursday, and the [following] Monday.⁵These fasts begin at dawn; work, anointing oneself, wearing shoes, and sexual relations are permitted.

The Shulchan Aruch (Orach Chayim 575:1) emphasizes that these fasts are considered individual fasts and not communal fasts. All students [of the Torah] are fit to accept these [fasts] upon themselves.⁶At certain times, ordinary students are advised to refrain from accepting stringencies intended for the Torah sages, lest they appear overly proud. In this instance, however, Ta'anit 10b suggests that all students of the Torah accept these fasts if possible.

2. If Rosh Chodesh Kislev arrives without the rains having descended,¹The drought is considered serious enough to warrant that the court should decree three communal fasts, [starting on] a Monday,²If, however, Rosh Chodesh Kislev itself falls on a Monday, the fast is not held until the Monday of the following week. [and continuing on] the [following] Thursday, and the [following] Monday.³As mentioned in Chapter 1, Halachah 5, when necessary the court ordains a series of three fasts to evoke Divine favor. It is permitted to eat and drink at night.⁴until dawn, or until one goes to sleep. (See Chapter 1, Halachah 8.) The men serving in the [weekly] priestly watch⁵See Hilchot Klei Hamikdash 3:9, which states that the prophet Samuel and King David ordained 24 priestly watches, which rotated in the Temple service. Each week, a different watch would serve. should not fast with them because they are involved in the Temple service.⁶This leniency includes even the members of the families who are not obligated to serve in the Temple on that day, for many sacrifices may be brought unexpectedly and they may be called to assist in the service. Were they to be fasting, they would not be able to perform this service properly (Ta'anit 2:6).

On these days, the entire people should enter the synagogue, pray, cry out [to God],⁷i.e., the prayer Anenu is recited in the Shemoneh Esreh, and other supplicatory prayers are recited. and make supplications as is customary on all fasts.⁸The trumpets, however, are not sounded.

3. If these [fasts] pass without [their prayers] being answered,¹By choosing this wording (quoted from Ta'anit 1:6), the Rambam teaches us a lesson in the service of God. It could have said, "If these fasts pass without rain having descended." The Rambam and the Mishnah, however, want to emphasize that the ultimate reason why rain descends or does not descend is not dependent on natural factors, but rather on God's mercies. the court should decree an additional three communal fasts.²of a more severe nature.

There are some texts of the Mishneh Torah that read "[starting on] a Monday, [and continuing on] the [following] Thursday, and the [following] Monday," and other texts read "[starting on] Thursday, [and continuing on] the [following] Monday, and the [following] Thursday."

The difference between these two versions depends on the difference of opinion mentioned in the commentary on Chapter 1, Halachah 5, concerning the question: Should the second series of fasts begin on a Thursday or not? On these fasts, we eat and drink while it is still day [on the day before the fast], as on the fast of Yom Kippur.³I.e., as on Yom Kippur, we are forbidden to eat and drink after sunset. The Magen Avraham 575:2, however, explains that unlike Yom Kippur (Hilchot Sh'vitat Esor 1:6), there is no obligation to begin the fast before sunset.

The men serving in the [weekly] priestly watch should fast for part of the day,⁴because these fasts are more severe and also because, at the beginning of the day, it was less likely that they be called to assist in the Temple service but should not complete the fast.⁵lest they become weak and be unable to serve in the Temple when called. The men of the beit av⁶those individuals who are involved in the Temple service that day - should not fast at all - for the above reason. - those individuals who are involved in the Temple service that day - should not fast at all.

On a fast for which we are required to cease eating while it is still day, once a person has ceased eating⁷concluded his meal and decided not to eat any more,⁸for this is considered as if he accepted the fast upon himself he may not change his mind and eat, even though there is still time during the day.⁹The Ramban and the Maggid Mishneh differ with the Rambam on this point and maintain that as long as one has not made an explicit statement to the fact that one has accepted the fast, one is allowed to change one's mind and eat. The rationale for their ruling is that, as explained above, on these fasts, in contrast to Yom Kippur, there is no obligation to begin the fast before sunset.

With regard to the laws of Tish'ah B'Av - and from there we can extrapolate to the instance at hand - the Shulchan Aruch (Orach Chayim 553:1) accepts the Ramban's ruling. The Mishneh Berurah 553:2, however, states that a mental resolve to accept the fast is also sufficient to cause one to be forbidden to eat further.

4. On these three fasts, all people are forbidden¹As the Rambam mentions in Chapter 1, Halachah 4, all the fasts mentioned in this text are Rabbinic in origin. The only fast mentioned in the Torah is Yom Kippur. Accordingly, when the Sages instituted communal fasts, they used Yom Kippur as a paradigm. Therefore, just as it is forbidden to perform work, wash, anoint oneself, engage in sexual relations, or wear shoes on that holy day, these activities were also forbidden on other fast days.

Nevertheless, on fast days other than Yom Kippur, certain leniencies were instituted, and these restrictions were not enforced to the same degree as on Yom Kippur. to perform work during the day,²Ta'anit 12b brings support for this concept from the exegesis of Joel 2:15: "Sanctify the fast day; call an assembly, and collect the elders." The word for "assembly," עצרה, resembles the Biblical name for the holiday of Shavuot, עצרת. Just as it is forbidden to work on Shavuot, so too, it is forbidden to work on a fast day. but they are permitted during the [previous] night.³Ta'anit, ibid., continues using exegesis to show that, in contrast to Shavuot, working on the night of a fast day is permitted. It is forbidden for a person to wash his entire body in hot water,⁴but one may wash one's body with cold water (Shulchan Aruch, Orach Chayim 575:3). but one may wash one's face, hands, and feet.⁵even in hot water (loc. cit.). For this reason, the bathhouses are closed.⁶to ensure that this prohibition is observed.

It is forbidden to anoint oneself.⁷for the sake of pleasure. One may, however, do so to remove filth.⁸or for medicinal reasons (Mishnah Berurah 575:7). Sexual relations are forbidden,⁹This applies even on the night of a woman's ritual immersion (Mishnah Berurah 575:8). as is wearing shoes in a city. One may, however, wear shoes on a journey.¹⁰for making a journey without proper shoes is extremely uncomfortable. We pray in the synagogues,¹¹As opposed to the following sequence of fasts, whose prayer services are held in the streets of the city, as explained in Chapter 4. cry out [to God], and make supplications as is customary on all fasts.¹²The trumpets, however, are not sounded.

5. If these [fasts] pass without [their prayers] being answered, the court decrees another seven communal fasts, [beginning on the next] Monday, [and continuing as follows]: Thursday, Monday, Thursday, Monday, Thursday, and Monday.

It is only on these seven fasts¹The Rambam, based on his interpretation of Ta'anit 14a, does not consider the nature of the situation during the first two sets of fasts serious enough to warrant that these women fast. During these seven fasts, in contrast, the drought has become a real danger. Hence, they are also required to fast.

This ruling is not accepted by many other authorities. Most follow Rashi's interpretation of the passage, which requires these women to fast during the second set of three fasts only. The rationale for that ruling is that he feels that the drought has already become serious enough to warrant their fasting during the second set of three fasts. In principle, these women should also fast during the final seven fasts, but the Rabbis felt that such a long period of fasting would be too taxing for them. Hence, they restricted their fasts to the second set alone. This is the ruling quoted by the Shulchan Aruch (Orach Chayim 575:5). that pregnant and nursing women²The same applies to other individuals who are ill and would suffer from the fast. are required to fast. [On the other fast days,] although they are not obligated to fast,³It is significant to mention the statement of the Ramah (Orach Chayim, ibid.), "It is forbidden for them to be stringent with themselves and fast." they should not indulge in delicacies. Instead, they should eat only what is necessary to maintain their babies.

6. On these seven fasts the men serving in the [weekly] priestly watch should fast for the entire day. The men of the beit av should fast for a portion of the day, but should not complete their fast.⁴Because of the severity of the situation, the leniencies that applied in the previous sets of fasts were withdrawn, and the men of the priestly watch who were not required to serve in the Temple that day were required to complete the fast. Even those who were required to serve in the Temple on that day (the men of the beit av) were obligated to fast for a portion of the day. All the prohibitions in force during the second set of fasts are also in force during these last seven fasts.⁵Nevertheless, with the exception of the factors mentioned in the following halachah, these fasts are also not more severe. Hence, the leniencies with regard to work, washing, anointing oneself, and wearing shoes mentioned in the previous halachah also apply.

7. There are additional dimensions [of severity] to these [fasts]:¹The first four points mentioned in this halachah are described at length in Chapter 4. it is on these alone that we sound the trumpets,²as required in a time of distress (Chapter 1, Halachah 1). In Chapter 4, Halachot 14-17, the manner in which the trumpets are sounded is explained. pray in the street of the city,³See Chapter 4, Halachah 1 call on an elder to admonish the people [and motivate] them to repent from their [evil] ways,⁴See Chapter 4, Halachah 2 add six blessings in the morning⁵See Chapter 4, Halachot 7-14 and afternoon prayers⁶Although the Talmud does not mention that these six blessings were added in both prayer services, were this not to be the case, it would have been proper to state that they were added only in the morning service (Maggid Mishneh). - thus, we recite twenty-four blessings,⁷More precisely 25. The Rambam is quoting the Mishnah (Ta'anit 2:2), which refers to the era before the nineteenth blessing was added to the daily Shemoneh Esreh. (See Hilchot Tefillah 2:1.) and close the stores.⁸with the leniencies to be mentioned. The stores are closed to intensify the people's consciousness of the fast (Rashi, Ta'anit 14b).

On Mondays, the doors of the stores⁹From the Shulchan Aruch (Orach Chayim 575:4), the Ramah, and other commentaries, it appears that the leniencies mentioned here refer only to stores that sell food, but not those that carry other merchandise. are left slightly ajar towards evening¹⁰but they should not be opened completely and they may be opened [for business].¹¹to allow people to purchase food for the evening meal. There are, however, certain restrictions; for example, the products in the store may not be taken out to the store's display area (Rambam's Commentary on the Mishnah, Ta'anit 1:6). On Thursdays, [the stores] may be opened the entire day [to allow people to purchase food] in honor of the Sabbath.¹²The following restriction should be adhered to: If a store has two entrances, one entrance should be opened and the other closed.¹³From the Rambam's Commentary on the Mishnah (loc. cit.), it appears that this restriction applies on Mondays as well as on Thursdays. If the store has a display area¹⁴a bench for the storekeeper and/or customers to sit and a place for merchandise to be placed in front of it, it may be opened in the normal manner on a Thursday without concern [for the above restriction].¹⁵Rashi, Ta'anit 14b, explains that the display area prevents the entrances to the store from being seen. Hence, there is no difficulty in leaving them both open.

8. If these [fasts] pass without [their prayers] being answered,¹no other communal fasts are ordained, as explained in the following halachah. The fact that no other fasts are called does not mean that the community may return to their ordinary pattern of conduct. Quite the contrary: the period is regarded as one of Divine disfavor. Hence, we should minimize our commercial activity,²The restrictions that follow were instituted to reduce joy. In contrast, this restriction appears to include all commercial activity, even that which is not directed associated with happiness (Lechem Mishneh). Seemingly, the intent is that since the time is not favorable, it is unwise to invest money and effort in commercial endeavors (Kinat Eliyahu).

There are, however, authorities who maintain that here also, the restriction involves only commercial activity associated with joy - e.g., preparing for a child's wedding or purchasing valuable articles, but ordinary business activities are permitted (Mishnah Berurah 575:18). construction projects associated with joy³e.g., those involving decorative patterns on the ceilings and walls - In his Commentary on the Mishnah (Ta'anit 1:7), the Rambam states that this refers to ornate buildings erected by the wealthy. There is, however, no restriction on ordinary building projects necessary for one's everyday purposes.

The Shulchan Aruch (Orach Chayim 575:7) describes the prohibition as applying to "buildings of joy." The Mishnah Berurah 575:18 (based on the Tur) explains that this refers to all buildings that are unnecessary and are constructed for beauty and comfort. - e.g., those involving decorative patterns on the ceilings and walls, plantings⁴In this instance, the differences between Hebrew and English have caused our translation to be non-literal. In Hebrew, the word נטיעה refers to both planting trees and setting up tents. associated with joy⁵e.g., that of myrtle trees - In his Commentary on the Mishnah (ibid.), the Rambam explains that this refers to spice and flower gardens planted for pleasure. One may, however, plant orchards for the purpose of growing fruit. There are no restrictions on such activity. - e.g., that of myrtle trees, and the erection of tents.⁶This also refers to tents set up for festive purposes; there is no restriction against pitching tents for ordinary purposes.

We also minimize betrothals and marriages,⁷The Beit Yosef (Orach Chayim 575) interprets this to mean that a person who has fulfilled the mitzvah of fathering children should not become betrothed or marry at all. unless one has not fulfilled the mitzvah of being fruitful and multiplying.⁸This involves fathering a son and a daughter. (See Hilchot Ishut 15:4.) Whoever has fulfilled this mitzvah is forbidden to engage in sexual relations in a year of famine.⁹Ta'anit 11a derives this concept from Genesis 41:50, which states that Joseph's children were born before the famine. One can infer that during the famine he did not engage in relations.

This restriction was instituted because it is proper to reduce our indulgence in pleasure in a time of communal distress.

We also reduce the exchange of greetings, and the Torah sages should not exchange greetings at all.¹⁰Needless to say, frivolity and jests are also forbidden. Rather, [they should conduct themselves as people] who have been rebuffed and ostracized by God.¹¹A person under a ban of ostracism is forbidden to greet others or to return greetings. Hence the above prohibition.

Ta'anit 14b states that it is proper to cover one's head with a cloak as mourners do. Nevertheless, neither the Rambam nor the Shulchan Aruch quotes this obligation (perhaps because even mourners did not generally observe this custom after the Talmudic era). When a common person greets them, they may return the greeting¹²lest the person become offended (Rashi, Ta'anit 14b); but when doing so, they should respond in a weak and concerned tone.¹³so that he will appreciate that the greeting was not in place.

9. The Torah scholars alone continue to fast,¹The commentaries do not mention whether it is preferable that all the students of the Torah join in these fasts, as was stated in Halachah 1. One might presume, however, that they should. Indeed, the entire community should have been required to observe these fasts, and it is only because the Rabbis thought that this would be too difficult for them that they were released from this obligation. [beginning on the next] Monday, [and continuing on the following] Thursday and Monday²As mentioned in the commentary on Chapter 1, Halachah 5, and in Halachah 3 of this chapter, there are opinions that maintain that if a cycle of fasts ends on Monday - as does the cycle of the seven communal fasts - the next cycle of fasts may be started on the Thursday of that week. Other opinions - and these are followed by the standard published text of the Mishneh Torah - maintain that all cycles of fasts begin on Monday. Hence, if a cycle of fasts ends on Monday, the next cycle begins on the following Monday.

This difference of opinion involves much more than one day, for these fasts are decreed in series of three. Thus, according to the opinion followed by the standard texts, the scholars would fast three days in every two weeks for the duration of the period. The other view, in contrast, would require them to fast on every Monday and Thursday. [in this manner] until the month of Nisan³Ta'anit 1:7 states that these fasts should continue "until Nisan passes." In the Jerusalem Talmud's explanation of this Mishnah, it is explained that this refers to Nisan - as determined in relation to the spring season⁴which always begins in the month of Nisan. In Hilchot Kiddush HaChodesh 9:3, the Rambam defines the beginning of spring as the time the sun enters the zodiac constellation of the goat. This is the beginning of April according to the secular calendar. - passes. This is not, however, required of the community. No more than these thirteen communal fasts are decreed because of a lack of rainfall.⁵Ta'anit 14b considered thirteen fasts as the maximum a community should be required to undertake for this reason. More fasts would be considered an excessive burden. (Significantly, according to Kabbalah, the number thirteen is identified with God's attributes of mercy.)

As mentioned in the commentary on Chapter 1, Halachah 4, this limit applies only regarding fasts decreed because of a lack of rain. When communal fasts are decreed because of other distressing circumstances, we should continue fasting until our prayers are answered.

When these individuals fast until Nisan passes, they are allowed to eat at night⁶i.e., the fast begins at dawn. See Chapter 1, Halachah 8. and are allowed to perform work, to wash, to anoint themselves, to engage in sexual relations, and to wear shoes as on other fast days.⁷These restrictions apply only on Yom Kippur, Tish'ah B'Av, and the latter ten fasts decreed because of a lack of rain. They do not fast on Rashei Chodashim, nor on Purim.⁸As mentioned in Chapter 1, Halachah 9, an individual should not fast on these days. Although many individuals may participate in these fasts, they are still deemed individual - and not communal - fasts.

After the month of Nisan, as determined in relation to the spring season, passes⁹i.e. - one month after the spring season begins - i.e., when the sun enters the sign¹⁰i.e., the zodiac constellation of the bull¹¹This is at the beginning of the secular month of May. - they should cease fasting. Since no rain has descended from the beginning of the year, rain in this season would be a sign of a curse.¹²Since the land has already become parched, the rain will be of no benefit. For God to display His beneficence at such a time, after the time had passed when the rain could have helped, is a further sign of Divine disfavor (Rav Ovadiah of Bertinoro).

10. Where does the above apply? In Eretz Yisrael and in similar lands.⁶As mentioned, in Eretz Yisrael, the rainy season should begin at the start of Marcheshvan. In contrast, in places where the rainy season begins before or after the seventeenth of Marcheshvan,⁷The Mishnah Berurah 575:24 states that this applies even if a country's rainy season begins after Shavuot. Note also Hilchot Tefillah 2:16-17, in which the Rambam discusses the question of requesting rain in lands other than Eretz Yisrael. This question is particularly relevant in regard to countries in the southern hemisphere. when the time [for the rains] arrives and no rain descends, individuals should [begin a series of three] fasts, [starting on] Monday [and continuing on the following] Thursday and Monday. They should not fast on Rashei Chodashim, Chanukah, or Purim.⁸For individual fasts should not be held on these days.

Afterwards, they should wait approximately seven days.⁹This is approximately the time between the conclusion of the three fasts begun on the seventeenth of Cheshvan, and the beginning of the second series of fasts after Rosh Chodesh Kislev. (See Kessef Mishneh.) If rain does not descend, the court should decree thirteen communal fasts, according to the order described above.¹⁰As explained in the following halachah, there are, however, certain differences in the severity of the fasts.

11. [The following laws apply to] all the communal fasts decreed in the diaspora: It is permitted to eat during the night,¹¹Until dawn. See Chapter 1, Halachah 8. and they are governed by the same laws as other fasts.¹²See Halachah 9. Thus, there are no prohibitions against work, washing, anointing oneself, sexual relations, and wearing shoes on these fasts. A communal fast resembling Yom Kippur is decreed only in Eretz Yisrael,¹³Ta'anit 11b states, "There is no communal fast in Babylon other than Tish'ah B'Av" - i.e., in Babylon, there is no fast as severe as Yom Kippur, with the exception of Tish'ah B'Av. Significantly, Tosafot (loc. cit.) and Rashi (Pesachim 54b) explain that this refers to the land of Babylon, where rains were always plentiful and there was never a need for fasts.

The Rambam - and other commentaries and authorities, including the Shulchan Aruch (Orach Chayim 575:10) - explain that the law which applies to Babylon, applies to the entire diaspora. It is not that there can be no need for a communal fast of this nature, but rather that, outside of Eretz Yisrael, the Jewish court lacks the authority to declare such a fast. (See the Jerusalem Talmud, Ta'anit 2:1.)

The Ramban explains that the reason for the lack of authority is that there is no Nasi in the diaspora, and the declaration of a communal fast would require his approval. The Rashba states that the lack of authority stems from the lack of judges who have received the semichah (ordination) extending back in a chain to Moses. (See Hilchot Sanhedrin, Chapter 4.) According to these opinions, even in Eretz Yisrael today it is impossible to ordain communal fasts of this nature. Note the gloss of the Birkei Yosef on the Shulchan Aruch (Orach Chayim 575), where this concept is discussed and a rationale is given for fasting in Eretz Yisrael today.

(Homiletically, it can be explained that the unity necessary to establish a community is possible only in Eretz Yisrael. In contrast, in the diaspora our greater involvement with material affairs prevents the establishment of true oneness among our people.) and only because of [a lack of] rain.¹⁴Thus, such severe fasts are not ordained for any of the other difficulties mentioned in the second chapter. Although the Ramban differs with the Rambam on this point, the Rambam's view is accepted as halachah. This refers to the latter ten fasts - i.e., the middle series of three fasts and the final series of seven fasts.